ARCHIVED – Operational Bulletin 479-A - November 29, 2012

Temporary Public Policy to Facilitate Permanent Residence for Certain Federal Skilled Worker Applicants was terminated: Actions Required of Visa Offices

Summary

This Operational Bulletin provides instructions to visa offices on the actions required to facilitate the granting of permanent residence for certain Federal Skilled Worker (FSW) application was terminated and who were issued visas in error.

Background

The Jobs, Growth and Long-term Prosperity Act became law on June 29, 2012. Under this legislation, Federal Skilled Worker (FSW) applications that were made before February 27, 2008, were terminated by operation of law if a decision based on FSW program selection criteria had not been made by an immigration officer before March 29, 2012.

However, despite being terminated by operation of law, a number of cases were finalized and visas were issued in error. In view of the exceptional circumstances, and pursuant to his authority under section 25.2 of the Immigration and Refugee Protection Act (IRPA), the Minister of Citizenship, Immigration and Multiculturalism has established that there are public policy considerations warranting the granting of permanent residence and the granting of necessary exemptions (including the requirement to pay processing fees) to permit the issuance of a permanent residence visa to persons who, despite the termination of their applications, had their FSW visa applications processed to a final decision and were issued permanent resident visas.

Instructions

To facilitate the granting of permanent residence to persons who remain overseas and were issued visas in error despite their FSW application being terminated, visa offices are to take the following actions on a priority basis:

1. Consult the list of affected persons provided by International Region to confirm cases by visa office.
2. Make the following note in the terminated file:

   “This application for permanent residence as a Federal Skilled Worker was made before February 27, 2008. It was not established by an officer before March 29, 2012, whether, in accordance with the regulations, the applicant met the selection criteria and other requirements applicable to that class. As a consequence, this application for permanent residence was terminated on June 29, 2012, by operation of section 87.4(1) of the Immigration and Refugee Protection Act.

   As a result, the visas issued on (XXX) were void ab initio.”

3. Contact affected persons advising them of the public policy measure and actions required of them in order to permit the issuance of a new permanent resident visa (see letters in Appendix A).
4. Create a new SW1-FED application in GCMS and set the following:
   1. Received Date to date that the letter was received
   2. Subcategory = PP
   3. Record the Eligibility decision as Passed – PP
5. Update any personal data as required per documentation submitted by affected persons (e.g. new passport).
6. Update case notes with the following text:

   “This person meets the criteria of the temporary public policy established on November 29, 2012 to permit the issuance of a permanent resident visa to persons who:

   • made an application for a permanent resident visa under the FSW class before February 27, 2008, and in respect of whom an officer had not established before March 29, 2012, that they met the selection criteria and other requirements applicable to that class, and who thereby fall within the termination provision in section 87.4(1) of IRPA; and
   • who, despite the termination of their applications, had their FSW visa applications processed to a final decision and were issued permanent resident visas.”
7. Reallocate original Right of Permanent Residence Fee (RPRF) payments in GCMS. (Note, the processing fee from the terminated FSW application will be returned).
8. Confirm that all admissibility requirements are still met. Documentation used in the terminated Federal Skilled Worker application to make admissibility decisions (police certificate, medical results, etc) should be used for the new public policy case and new supporting documentation should only be requested in situations where new admissibility concerns have arisen.
9. Issue new permanent resident visas and/or Confirmation of Permanent Residence documents to the affected individuals and their dependents if it is determined that they are still admissible.

This public policy is a temporary measure solely for the purpose of addressing cases to date in which visas have been issued in respect of terminated FSW applications. This public policy must not be construed as a facilitative measure for additional cases. Immigration Program Managers are reminded that they are to ensure that no terminated FSW applications continue to be processed.

Appendice A – Letter to Pre-C50 Applicants

Visas Issued in Error who were notified

This is further to our correspondence of insert date in which we informed you that your Federal Skilled Worker (FSW) application was terminated by law, and the permanent resident visas we issued to you and your family members were not valid for travel to Canada.

We wish to inform you that the Minister of Citizenship, Immigration and Multiculturalism has in view of these unfortunate circumstances, and pursuant to his authority under section 25.2 of the Immigration and Refugee Protection Act (IRPA), established that there are public policy considerations warranting the granting of permanent residence and the granting of the necessary exemptions (including the requirement to pay processing fees) to permit the issuance of a permanent residence visa, as the case may be, to persons who:

1. made an application for a permanent resident visa under the FSW class before February 27, 2008 and in respect of whom an officer had not established before March 29, 2012 that they met the selection criteria and other requirements applicable to that class, and who thereby fall within the termination provision in s. 87.4(1) of IRPA; and
2. who, despite the termination of their applications, had their FSW visa applications processed to a final decision and were issue permanent resident visas.

In order for us to issue new visas to facilitate your travel to Canada, we need you to do the following as soon as possible:

1. Sign and date where indicated at the bottom of this letter to confirm that you wish to take advantage of this temporary public policy measure.
2. Forward the original signed letter to our office, along with the following documents:
   • your passport(s);
   • Confirmation of Permanent Residence document(s) that were issued to you previously; and
   • new photos of you and your family members.
   • Note that the Right of Permanent Residence Fee (RPRF) that you paid for your original FSW application will be transferred to this new case. If you choose not to proceed with immigration to Canada, it will be returned to you.

We sincerely regret that you were affected by this error, and any inconvenience this process may have caused you and your family.

By signing below, I confirm that I wish to take advantage of the public policy measure:

• Surname/Family Name (print):
• Given name(s) (print):
• Signature:
• Date:

Visas Issued in Error and have not yet been notified

The Jobs, Growth and Long-term Prosperity Act became law on June 29, 2012. Under this legislation, Federal Skilled Worker (FSW) applications made before February 27, 2008 were terminated by operation of law if a decision based on FSW program selection criteria had not been made by an immigration officer before March 29, 2012.

In conducting a factual review of affected applications, we have noted that the selection decision on your file was made after March 28, 2012. Your application was affected by the Jobs, Growth and Long-term Prosperity Act and was terminated by operation of law on June 29. As such, the permanent resident visa(s) which we inadvertently issued to you and your family are not valid. You are not authorized to travel to Canada for the purpose of becoming a permanent resident on these visas. The processing fees that were paid for that application will be returned.

However, we wish to inform you that the Minister of Citizenship, Immigration and Multiculturalism has in view of these unfortunate circumstances, and pursuant to his authority under section 25.2 of the Immigration and Refugee Protection Act (IRPA) established that there are public policy considerations warranting the granting of permanent residence or the granting of the necessary exemptions (including the requirement to pay processing fees) to permit the issuance of a permanent residence visa, as the case may be, to persons who:

1. made an application for a permanent resident visa under the FSW class before February 27, 2008 and in respect of whom an officer had not established before March 29, 2012 that they met the selection criteria and other requirements applicable to that class, and who thereby fall within the termination provision in s. 87.4(1) of IRPA; and
2. who, despite the termination of their applications, had their FSW visa applications processed to a final decision and were issue permanent resident visas.

In order for us to issue new visas to facilitate your travel to Canada, we need you to do the following as soon as possible:

1. Sign and date where indicated at the bottom of this letter to confirm that you wish to take advantage of this temporary public policy measure.
2. Forward the original signed letter to our office, along with the following documents:
   • your passport(s);
   • Confirmation of Permanent Residence document(s) that were issued to you previously; and
   • new photos of you and your family members.
   • Note that the Right of Permanent Residence Fee (RPRF) that you paid for your original FSW application will be transferred to this new case. If you choose not to proceed with immigration to Canada, it will be returned to you.

We sincerely regret that you were affected by this error, and any inconvenience this process may cause you and your family.

By signing below, I confirm that I wish to take advantage of the public policy measure:

• Surname/Family Name (print):
• Given name(s) (print):
• Signature: